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| Question pretaining to law (coughwildcough) | ||
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| Rusty |
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FTS Server Op
Registered Member #159
Joined: Wed Mar 01 2006, 06:33PMPosts: 2682 |
If a cop doesn't read me my rights when I was getting arrested, or throughout the whole day, and I'm in trouble for underage drinking, yet the only proof they have is me saying I had a couple, and no breathalizer, could I fight it? | ||
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| drunkirishmafia |
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Registered Member #289
Joined: Sat Jun 10 2006, 05:17AMPosts: 1543 |
stick it to the man | ||
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| nostie |
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Registered Member #185
Joined: Thu Mar 30 2006, 10:42PMPosts: 3167 |
Rusty wrote ... if he didn't read you your rights, yes. but if you have no witnesses, you're fucked, because his word stands up against yours.
If a cop doesn't read me my rights when I was getting arrested, or throughout the whole day, and I'm in trouble for underage drinking, yet the only proof they have is me saying I had a couple, and no breathalizer, could I fight it? |
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| aborted fetus |
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The All-Cum Diet
Registered Member #47
Joined: Mon Dec 05 2005, 04:55PMPosts: 1888 |
Sounds like you admitted to it. To my knowledge, an officer only has to Marandize you after you have been arrested and before any "formal" post-arrest questioning. Before he arrests you, you guys are just two average joes carrying on a conversation about drinking. He asked you a question and you answered it. But, when you told him you broke the law, he arrested you. Basically, you admitted to it, so you got arrested. Why would you admit to it any way? You're just doing his job for him. Next time a cop asks: "Have you been drinking?" Answer with: "Well, you're the cop, you figure it out." Or better yet, keep your mouth shut. Hopefully you'll just get a fine or community service. Underage possession is not that big of a deal. It's not like you were an adult buying it for minors. Any way, best of luck with it. Edited Sun May 13 2007, 12:28AM |
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| Rusty |
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FTS Server Op
Registered Member #159
Joined: Wed Mar 01 2006, 06:33PM Posts: 2682 |
I didn't admit to it, the two drunks with me did. I could have taken the breathalizer, probably would have blown a .03 though, so still would have gotten arrested. Not once in the night did I get read my rights, although I sat in jail for over 5 hours stone sober. I don't have money to pay a fine, and hate the community, so I won't service it! I think I'll have to pay for a $300 achohol awareness class, so stupid. | ||
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| aborted fetus |
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The All-Cum Diet
Registered Member #47
Joined: Mon Dec 05 2005, 04:55PM Posts: 1888 |
Rusty wrote ... I don't have money to pay a fine, and hate the community, so I won't service it! That's going in the book. Instant classic. |
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| O_Mega |
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Inconsistant Ownage Device
Registered Member #59
Joined: Sat Dec 10 2005, 06:12PMPosts: 1058 |
If they ask a question it means they cant do it legally : ) always say no. Good thing to remember. | ||
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| Wildcard23 |
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Registered Member #514
Joined: Wed Dec 20 2006, 06:33AMPosts: 1067 |
Nice Subject title. LOL!! Now I will tell you the correct answer since everyone else has given you their opinion which is not in fact the truth of the matter. It's called investigative detention. A cop has the right to detain your for purposes of an investigation to determine if any laws are being broken or if they see a law being broken. I don't know much about your particular scenario but if you had two drunks with you then if I was the cop i would detain you for investigation of drunk in public charge. Remember this is Virginia Law that was upheld in the 4th District Circuit Court. So, what I'm telling you is specific to Virginia but more than likely similar cases have been upheld all across the US and I'm sure if I looked there is a Supreme Court Case about this. Anyway, I did a paper on this subject so I know a lot about it in addition to my experience. There was multiple cases that upheld this to include the Supreme Court if I remember correctly. You DO NOT have to be mirandized or read your rights for purposes of an investigative detention. The only time that you have to be mirandized is if I want to talk to you AFTER I have arrested you concerning the case. In regular people talk. I can stop you to just talk to you. You can walk away. I can stop you to investigate whether or not there is criminal mischief going on. If I perhaps smell alcohol on your breath or about your person, then I can detain you for purposes of my investigation. I do have to tell you that you are being detained but you are not under arrest but you are not free to leave either. If I determine there is enough probable cause to charge you with a crime then should I decide to, I will place you under arrest. At this point you are under arrest but in Virginia I do not have to read you Miranda UNLESS I am going to talk to you about the case AFTER you have been arrested. I have arrested hundreds of people that were detained for purposes of my investigation and then arrested, taken to the jail, and let sit in the jail. If I don't want to talk to you about the case or don't have a need to talk to you about the case then I don't have to read you Miranda rights. So, you can sit in the drunk tank for a few hours (like hundreds of people I arrested did) without ever having me read you Miranda because I didn't have to talk to you after I arrested you. If you or anyone you were with admitted to drinking then you were detained. My guess is the officer is going to say there was "a strong smell of alcoholic beverages about your person" which established the detention portion for him. Then during further investigation blah blah blah which led to arrest. Just a guess since I did the same thing so many times. If you want to talk about the specifics of your case, I can try to figure out what questions you should be asking or see if there are any holes in what was done but remember that this is going to be your opinion of the matter which ALWAYS differs from the cop's view. Trust me that I know this. But, either hit me up in a PM or post about it. Either way I can try to help you out if you want it. 
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| Czech Pride |
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Registered Member #518
Joined: Wed Dec 27 2006, 01:15AMPosts: 911 |
Depends where you were caught. If it was in your own house and they just knocked on the door and asked you there, then your a dumbass for answering. If you were in a car and you had beer with you in it or had drunk before hand, then you are a dumbass for drinking and driving. Remember, unless they have a warrant to some into your house then just tell them no. They can't do shit | ||
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| O_Mega |
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Inconsistant Ownage Device
Registered Member #59
Joined: Sat Dec 10 2005, 06:12PM Posts: 1058 |
Wild, what would be the penalty if I had sex with an underage papaya, if it was infact consensual, but was in a public place, while J-Walking...? | ||
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